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AUP

This document defines the Acceptable Usage Policies (“AUP”) for the services of Semaphore Corporation (“Semaphore”). These policies are designed to ensure the integrity, security, reliability, and privacy of both Semaphore customers, and users of the Internet in general.

1. Prohibited Activities

The following are prohibited activities (“Prohibited Activities”) when using the services of Semaphore Corporation:

  • violating acceptable use policies of remote networks, machines, or services accessed through Semaphore’s network;
  • infringing upon the intellectual property rights, including but not limited to copyrights, trademarks, patents, or trade secrets, of Semaphore or others (see Online Copyright Infringement Liability Limitation Act (OCILLA) policy);
  • engaging in deceptive online marketing practices or schemes including, without limitation, practices that violate United States Federal Trade Commission guidelines (e.g., “phishing”);
  • attempting to interfere with, degrade, or deny service to any user or host (e.g. denial of service attacks);
  • introducing malicious programs into a network or server (e.g. viruses, worms, Trojan horses, etc.);
  • breaching or attempting to breach security, including but not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access;
  • attempting to circumvent authentication or security of any host, network, or account (e.g., “cracking”);
  • scanning or monitoring the networks of others without permission;
  • sending, posting or hosting harassing, abusive, threatening, defamatory, or otherwise unlawful materials;
  • intentionally forging Internet protocol addresses;
  • transmitting or facilitating the transmission of unsolicited bulk email
  • hosting material or electronic mailboxes advertised via unsolicited bulk email;
  • making available any software, program, product, or service designed to violate this AUP;
  • collecting email addresses from the Internet for the purpose of sending unsolicited bulk email, or to provide collected addresses to others for that purpose;
  • maintaining a mail server configured to relay messages to unknown addresses without authentication or address restrictions (e.g., “open mail relay”);
  • using the service to facilitate or assist in serving, delivering, or transiting pornographic material;
    attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document use of Semaphore products or services;
    using service for any illegal purposes, in violation of any applicable laws, regulations, treaties, or tariffs, or in violation of the rules of any other service or resource providers, Web sites, chat rooms or Web services; or
  • any other activities designated as prohibited by Semaphore.
    Customer recognises that these policies apply to all data exchanged between Customer and Semaphore, including any data generated by customers, users, or partners of Customer.

2. Third Party Complaint Process

This section sets forth Semaphore’s third party complaint process. Semaphore reserves the right to vary this process on a case-by-case basis or to change this process at any time.

Semaphore receives (at abuse@semaphore.com) complaints (“Complaints”) from third parties regarding Prohibited Activities allegedly being conducted by a Customer or its Users. All messages sent to this address are read by a human. Semaphore makes an attempt to reply to each report if time permits.

Semaphore will take the following actions to document and resolve each complaint received by Semaphore related to a Customer or its Users:

2.1 First Complaint

Upon receipt of the initial complaint from a third party regarding Prohibited Activity by a Customer or its User, Semaphore will send a communication (the “First Communication”) to the Customer notifying them of the Complaint, so that the Customer can identify and remedy the Prohibited Activity.

2.2 Second Complaint

Upon receipt of a second complaint after the date of the First Communication related to the same or similar Prohibited Activity of Customer described in the First Communication that clearly indicates that the Prohibited Activity continued after the date of the First Communication, Semaphore will send a second communication (the “Second Communication”) with a copy of the second complaint to the Customer and request that Customer respond in writing to Semaphore with an explanation and time-line of the actions to be taken by Customer to remedy Prohibited Activity.

2.3 Third Complaint

Upon receipt of a third complaint after the date of the Second Communication related to the same or similar Prohibited Activity of Customer described in the Second Communication that clearly indicates that the Prohibited Activity continued after the date of the Second Communication, Semaphore will send a third and final communication (the “Third Communication”) with a copy of the third complaint to the Customer and request again that the Prohibited Activity cease immediately.

In the event that the Prohibited Activity does not cease within five (5) business days, Semaphore will terminate or suspend its services to the Customer, and will only resume service when it receives adequate assurances that such activity will not continue.

3. Suspension and Termination of Service

Semaphore reserves the right to suspend and/or terminate a Customer’s Service at any time for any material failure of Customer, its Representatives or its Users to comply with these Rules and Regulations. Any such suspension does not relieve Customer of the obligation to pay any outstanding fees.